Back
A. S. BOPANNA, PRASHANT KUMAR MISHRA
Dhondubai – Appellant
Versus
Hanmantappa Bandappa Gandigude since Deceased Through his LRs. – Respondent
| Table of Content |
|---|
| 1. compensation awarded for accident injuries. (Para 3 , 4) |
| 2. insurance requirement for tractor and trailer. (Para 5) |
| 3. court's discretion under article 142 to direct payment. (Para 6 , 7) |
| 4. disposition of appeals and pending applications. (Para 8 , 9) |
JUDGMENT :
2. Heard learned counsel for the parties and perused the appeals papers.
4. However, the High Court on taking note that the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured, has exonerated the Insurance Company. It is in that light, the appellant is before this Court.
6. However, the question for consideration herein is as to whether in the peculiar facts and circumstances arising in this case, this Court is required to exercise the power under Article 142 of the Constitution of India to direct the Insurance Company to pay the amount and recover the same from the owner of the vehicle. In that regard, the position is no more res-integra in view of the consideration made by this Court in the case of Oriental Insurance Company Ltd. Vs. Brij Mohan & Ors. reported in 2007(7) SCC 56. This Court in a similar circumstance where the trailer did not have ins
Death in motor accident – Liability of tractor/its insurer extended to accident caused by tractor resulting in death of deceased who fell off Tractor trailer and suffered fatal injuries.
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
The insurer of the tractor is liable for compensation despite the trailer's unregistered status; future prospects must be included in income assessment for dependency compensation.
The liability of an Insurance Company for a motor vehicle accident is determined based on the insurance coverage of the vehicles involved, and the court may dismiss additional claims if not raised th....
The main legal point established in the judgment is that the liability of the insurance company for paying compensation is determined based on the interpretation of the definition of the vehicle invo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
